OTHER DOCUMENTS AND PENDING PROPOSALS
(a) making a network available to the general public free of charge constitutes an ‘information society service’ within the meaning of Article 12(1) of Directive 2000/31 where the activity is performed by the wiress LAN operator for the purposes of advertising the goods sold or services supplied by that service provider;
(b) open wireless operators are ‘mere conduits’ in the sense of Art 12 of Directive 2000/31;
(c) the scope of exempted ‘liability’ under Art. 12(1) does not extend to precluding a rightholder from claiming injunctive relief against the continuation of the infringement and the payment of pre-trial and litigation costs from the wireless LAN operator where such claims are made for preventing the LAN operator from allowing the infringement to continue;
(d) the scope the access provider exemption in 12(1)--as limited by the carve-outs for injunctions permitted by Art 12(3)--does not preclude injunctions requiring a free-access wireless LAN operator to prevent third parties from making a copyright-protected work available from an online (peer-to-peer) exchange platform via an internet connection;
(e) the wireless LAN operator may choose which technical measures to take in order to comply with the injunction, however the injuntion will not be precluded even if such a choice is limited to a single measure consisting in password-protecting the internet connection, provided that those users are required to reveal their identity in order to obtain the required password and may not therefore act anonymously.
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